Escanaba Township requests more info about DTE solar
Louisa, representing the interests of DTE, asks the Escanaba Township board for a decision on whether they intend to work with the energy company to develop a solar project. (R. R. Branstrom | Daily Press)
"I was very surprised to hear what you guys did tonight," resident Rory Mattson told the Escanaba Township Board after their Monday night meeting, criticizing their indecisiveness about finding common ground with DTE.
Louisa, representing the interests of DTE, asks the Escanaba Township board for a decision on whether they intend to work with the energy company to develop a solar project. (R. R. Branstrom | Daily Press)
"I was very surprised to hear what you guys did tonight," resident Rory Mattson told the Escanaba Township Board after their Monday night meeting, criticizing their indecisiveness about finding common ground with DTE.
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ESCANABA TOWNSHIP -- The Escanaba Township board this week went back and forth with a representative from DTE on the question of whether and how the township would be willing to work with the energy company to bring a solar project to the community.
Cooperation from the municipality is not a requirement. In 2023, the State of Michigan passed Public Act 233, which allows electric providers to seek approval for large-scale renewable energy projects from the Michigan Public Service Commission (MPSC), bypassing the local unit of government if municipality has not already adopted a “compatible renewable energy ordinance” (CREO).
“A CREO is an ordinance that provides for the development of energy facilities within the local unit of government, the requirements of which are no more restrictive than the provisions included in section PA 233,” according to the MPSC. “A local unit of government is considered not to have a compatible renewable energy ordinance if it has a moratorium on the development of energy facilities in effect within its jurisdiction.”
A municipality with a valid CREO retains its zoning authority and its right to regulate the siting of such facilities within its borders.
Escanaba Township has not officially adopted a CREO that suits DTE, but they also don’t have a moratorium in place, which leaves them open to the possibility of bringing in a large-scale renewable energy facility. DTE Energy approached the township months ago about potentially building a 150-megawatt facility within its borders.
When DTE Senior Project Site Manager Theresa Hannath spoke before the Escanaba Township board in May, she expressed a desire on behalf of the energy company to “to understand how the township wishes for us to proceed.”
Four months later, similar questions are being asked.
“Over the last several months, DTE has continually asked to meet with the township and to understand whether the township intends to work with us through a local permitting process, and whether the township considers its existing ordinance to be a CREO under Public Act 233,” said representative for DTE Louisa Irwin on Monday. “We are not asking that the township approve a solar project within 21 days. We are simply asking for clarity on the township’s position so that we understand what permitting path is available to us.”
If the township does not respond by Sept. 30, DTE will explore other routes -- like working directly with the State and MPSC, a letter sent by DTE on Sept. 9 declared.
“Our preference has always been to work with Escanaba Township, and importantly, the ordinance does not technically have to be a CREO for DTE to continue working locally,” said Irwin before the board on Monday. “If the township has an ordinance that provides a workable local permitting process, DTE intends to continue working with the township locally. A local process gives us the opportunity to work directly with the township on community-specific concerns and discuss protections and permit conditions that can go beyond the minimum requirements of the state siting process.”
Some township board members were perplexed, citing a lack of details from DTE.
“We’ve never received anything as what as to what DTE is proposing, so it’s kind of hard,” said Board Treasurer Kim Knauf-Wyckoff. “How many megawatts are you looking at? How much acreage are you looking at? Where? …So I guess until you show us what you’re proposing, how do we know whether or not we’re going to be able to work with you?”
DTE would be unable to “submit an application if we don’t have an ordinance that actually meets to make a project happen,” Irwin replied, noting that there were elements in the township’s drafted CREO that were incompatible. “We work to hear your concerns and still try to meet or exceed the state siting requirements,” she said.
She suggested a possible work session, but board members noted that any meetings would have to be public.
Board Trustee Ann LaBumbard said she liked the idea of a special meeting, so that discussion would be separate from other township business, and other board members agreed one would probably be needed.
“Could you bring us like a map and what your plan is on like our setbacks and stuff that you are okay with?” Trustee Nathan Neumeier asked.
“I will take it back to DTE to see what they’re okay with bringing forward here, but yes, I will relay these concerns. That’s my main job to take back,” said Irwin.
Some debate amongst board members ensued, questioning whether their request for info from DTE could be considered the “response” the energy company had asked for in their Sept. 9 letter.
“We don’t have a legal counsel here,” said Clerk Theresa Chenier. “(DTE) pretty much knew we weren’t going to have an answer tonight.”
Anticipating hearing from both their own attorney and DTE before then end of the month, the Escanaba Township board wrapped up the discussion.
“The motion is: we put DTE on the agenda for next month, and that our discussion that we had tonight is the response -- since the attorney did not request a response in writing -- provided our attorney says that that is okay. And DTE, in the meantime, is to present us with something as to what the solar supposed solar project might look like, so we have something to look at,” said Knauf-Wyckoff.
Not everyone was pleased with the discussion. A few citizens complained during the public comment period at the end of the meeting.
“Your response to DTE is … asking DTE for a response? Your discussion tonight was irrelevant because it’s unrecorded nothingness,” said resident Bob Barron, who had also had delivered a public comment at the beginning of the meeting requesting a decision. “…All actions by this board are strictly to delay, and the board will keep moving the goalposts. I want to thank you for making the decision not to work with DTE tonight, as -- tick tock, the 30th of September is coming. Keep your heels dug in. Good job,” he said sarcastically.
“I don’t know why we even have a township board,” said resident John Miron. “Every decision that has to be made that they don’t want to make, they got to get on the phone, talk to the lawyer, and let her make the decisions for our township board. You guys are elected officials here. You’re supposed to be working for everybody here, not just your agenda. Then you take our tax dollars and you spend it on attorneys to stop stuff that the township could make money off of.”
“What I heard is DTE really wants to work with the townships in the state of Michigan, so they asked you to get together. There’s no utility company in the world that is going to do something that doesn’t make sense, and you have to sit down and negotiate. I think that’s all they were asking,” said Rory Mattson. “…I can’t believe that nobody on this board has never sat down with an organization, a government agency, and negotiated an agreement. Has anybody on this board called Baldwin to the north? They really did something for their residents. They worked out a benefit agreement. People are happy. Township’s happy. They’re getting things done.”
On person spoke in defense of the board’s actions. “I’m kind of tired of the comments made to the committee. I think you are doing a good job. It’s not easy,” said a Mr. Peach. “The derogatory comments are steady from the back. … The majority of people want it done the way you’re doing.”
If the Escanaba Township Board decides to call a special meeting, it will be open to the public.
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R. R. Branstrom may be reached at rbranstrom@dailypress.net.